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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Setting aside orders
COST BITES 345: RECEIVING PARTY'S FAILURE TO FILE ALL RELEVANT DOCUMENTS ON A PROVISIONAL ASSESSMENT RENDERS THE ASSESSMENT A NULLITY: CLEVER AND COMPLEX ARGUMENTS DID NOT PREVAIL

COST BITES 345: RECEIVING PARTY’S FAILURE TO FILE ALL RELEVANT DOCUMENTS ON A PROVISIONAL ASSESSMENT RENDERS THE ASSESSMENT A NULLITY: CLEVER AND COMPLEX ARGUMENTS DID NOT PREVAIL

February 8, 2026 · by gexall · in Appeals, Applications, Assessment of Costs, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Members Content, Relief from sanctions, Setting aside judgment

What are the consequences if a party lodging the documents for a provisional assessment of costs fails to file all the relevant documents and the assessment goes ahead without the judge seeing all the points of dispute? .  This is…

HIGH COURT SETS ASIDE AN ORDER MADE FOLLOWING AN APPLICATION WITHOUT NOTICE : THIS IS A REHEARING IN FULL - THE APPLICANT DOES NOT HAVE TO SHOW AN ERROR SUCH AS TO WARRANT SETTING ASIDE THE ORIGINAL ORDER

HIGH COURT SETS ASIDE AN ORDER MADE FOLLOWING AN APPLICATION WITHOUT NOTICE : THIS IS A REHEARING IN FULL – THE APPLICANT DOES NOT HAVE TO SHOW AN ERROR SUCH AS TO WARRANT SETTING ASIDE THE ORIGINAL ORDER

February 3, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content

Here we look at a case where the court set aside an order made without notice. The Master found that the evidence presented to him at the initial hearing was “neither full nor frank”.  It is a reminder of the…

SETTING ASIDE AN ORDER MADE WITHOUT A HEARING OR MADE WITHOUT NOTICE : THE RELEVANT CRITERIA

SETTING ASIDE AN ORDER MADE WITHOUT A HEARING OR MADE WITHOUT NOTICE : THE RELEVANT CRITERIA

July 28, 2020 · by gexall · in Applications, Members Content, Setting aside judgment

The previous post looked at the judgment in Kuznetsov, R (On the Application Of) v London Borough of Camden [2019] EWHC 3910 (Admin). In that judgment Mostyn J stated that there was no authority on the issue of the criteria when…

COSTS ORDERS MADE WITHOUT A HEARING: HENRY VIII AND THE RELEVANT CRITERIA FOR VARYING ORDERS

COSTS ORDERS MADE WITHOUT A HEARING: HENRY VIII AND THE RELEVANT CRITERIA FOR VARYING ORDERS

July 28, 2020 · by gexall · in Applications, Members Content, Setting aside judgment

We are looking again (and not for the last time)  at the decision of Mr Justice Mostyn in   Kuznetsov, R (On the Application Of) v London Borough of Camden [2019] EWHC 3910 (Admin). This time on the question on the…

PERMISSION TO APPEAL - TWO YEARS OUT OF TIME - SET ASIDE: COURT WAS "MISLED BY SERIOUS MISREPRESENTATIONS AND NON DISCLOSURES"

PERMISSION TO APPEAL – TWO YEARS OUT OF TIME – SET ASIDE: COURT WAS “MISLED BY SERIOUS MISREPRESENTATIONS AND NON DISCLOSURES”

October 11, 2017 · by gexall · in Appeals, Applications, Extensions of time, Members Content

In Kovarska v Otkritie International Investment Management Ltd & Ors [2017] EWCA Civ 1485 the Court of Appeal set aside an extension of time for appealing.  The order had been granted without a hearing. It was held that the Court…

MICROSOFT, SERVICE AND FULL AND FRANK DISCLOSURE: HIGH COURT JUDGE SAYS "NO"

MICROSOFT, SERVICE AND FULL AND FRANK DISCLOSURE: HIGH COURT JUDGE SAYS “NO”

February 28, 2017 · by gexall · in Applications, Civil Procedure, Members Content, Service of the claim form

One feature of this blog  for this year has been the duty owed by litigants making without notice applications.  Another example of the problems caused can be seen in the judgment on Mr Justice Marcus Smith in Microsoft Mobile OY…

SETTING ASIDE AN EARLIER ORDER: A WIDE AND UNFETTERED DISCRETION?

June 16, 2015 · by gexall · in Applications, Civil Procedure, Judgment, Members Content

In Cole -v- Howlett [2015] EWHC 1697 (Ch) Mr Justice Peter Smith conducted detailed consideration of the power, and discretion, to review and set aside orders already made.  The judge agreed to set aside his earlier order striking out the…

THE DUTY OF FULL AND FRANK DISCLOSURE: A CASE IN POINT

January 28, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content

In PCV -v- The Y Regional Government of X [2014] EWHC 68 (Comm) Mr Justice Hamblen set out, in clear terms, the rigorous nature of the duty to give full and frank disclosure to the court when making a without…

EXTRAORDINARY CASE: THE SOLICITOR MADE LITIGATION UP: THE CONSEQUENCES FOR THE CLIENT

November 19, 2014 · by gexall · in Applications, Civil Procedure, Members Content

The opening paragraphs of the judgment  set out an almost unbelievable set of facts in Islamic Investments Company of the Gulf (Bahamas) Ltd -v- Symphony Gems NV & others [2014] EWHC 377 3777 (Comm). The judgment considered the consequences for…

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